Recently, the Ministry of Natural Resources issued the Notice on Further Improving the Registration Management of Mineral Resources Exploration and Exploitation (hereinafter referred to as the Notice), which provides for further improving the registration management of mineral resources exploration and exploitation.
In terms of improving the registration management of mineral resources exploration, the Notice clearly States that the first is to improve the registration management of new, continued and retained exploration rights. The establishment of exploration rights must conform to the relevant provisions of land and space planning, mineral resources planning, ecological environment protection and national industrial policies. If the mining right holder carries out exploration work in the deep and upper parts of the mining area, it is not necessary to register the new exploration right. The exploration implementation plan shall be prepared for the new establishment, extension and change of exploration minerals of exploration right, as well as the merger, separation and change of exploration scope of exploration right, and the exploration implementation plan shall conform to the geological exploration regulations, norms and standards. When applying for the reservation of mineral exploration right for the first time, a description of the proved ore body available for mining within the scope of mineral exploration right shall be submitted. If the exploration area cannot be continued or converted to the mining right due to force majeure or other non-applicant reasons, the area to be reduced according to relevant regulations may be deducted on the basis of relevant certification documents. If the exploration right that has been reserved cannot be transferred to the mining right for reasons other than mining right holder's own reasons, such as the increase in the level of exploration work due to policy changes, and the exploration work needs to be continued, the extension of the exploration right may be applied for.
The second is to standardize the registration management of the change of exploration right. The application for changing the subject of the exploration right obtained by means of bidding, auction and listing shall not be subject to the restriction of holding the exploration right for two years. When applying for the change of the subject of the mineral exploration right obtained by agreement, the mineral exploration right shall be held for five years. When applying for changing the subject of mineral exploration right, the transferor and the transferee shall submit an application for change to the registration authority; when the application for changing the subject of mineral exploration right involves overlapping and conforms to the relevant provisions, the transferee shall submit an agreement that does not affect each other and the protection of rights and interests or a commitment that does not affect the rights and interests of the established mining right holder. The existing mining right and its upper or deep exploration right, which belong to the same subject, shall not be transferred separately; If the exploration right holder carries out comprehensive exploration and comprehensive evaluation of the mineral resources in the exploration area (except for the minerals whose mining rights are directly transferred by means of bidding, auction and listing, such as sand, stone and soil for ordinary construction), he does not need to register the change (addition) of the exploration minerals, and compiles the mineral resources reserve report according to the actual geological reserves/resources of the minerals discovered. For mineral resources discovered by comprehensive exploration, if the conditions for transferring mining rights are met, an application for new registration of mining rights may be submitted to the administrative organ with registration authority in accordance with relevant provisions. If the people's court auctions or adjudicates the mineral exploration right to another person, the transferee shall apply to the registration administration organ for registration of change according to law.
In terms of improving the registration management of mineral resources exploitation, the Notice proposes that the first is to adjust the management mode of mining area scope. The transfer of exploration right to mining right shall be based on the mineral resources reserve report that has been evaluated and filed. Large non-coal mines and large and medium-sized coal mines with large reserves of resources shall reach the level of exploration, and other mines shall reach the level of detailed survey (including) or above. The exploration right holder shall determine the scope of the mining area for which the mining right is applied according to the estimated scope of resource reserves, the distribution scope of wellhead devices, oil (gas) pipelines (except for export pipelines), gathering and transportation stations, shaft and roadway engineering facilities, or the three-dimensional space area within the scope of open-pit stripping, and shall apply to the registration authority for new mining registration after compiling and examining the plan for the development and utilization of mineral resources. If multiple minerals are involved in the same mining area, the mining area for applying for mining rights shall be determined according to the main minerals and associated minerals in the mineral resources reserve report that has been evaluated and filed, and the associated resources shall be comprehensively utilized.
The second is to improve the registration management of new mining rights and renewal. The establishment of mining rights must conform to the relevant provisions of land and space planning, mineral resources planning, green mine construction, ecological environment protection and national industrial policies. The applicant for the mining right may prepare by himself or entrust the relevant agency to prepare the plan for the development and utilization of mineral resources, and the registration authority shall not designate a specific intermediary agency or individual to provide services; if the exploration right is transferred to the mining right, the original exploration right shall be cancelled or the area of the original exploration right shall be changed and reduced after the new registration of the mining right is granted.
The three is to improve the registration management of mining rights change and cancellation. When applying for the transfer and alteration of the mining right, the transferee shall meet the prescribed conditions for the applicant of the mining right and inherit the rights and obligations of the mining right. Where a state-owned mining enterprise applies for the registration of the change of the transfer of the mining right, it shall present the approval document of the department in charge of mining enterprises approving the change of the transfer of the mining right. In six cases, such as partial transfer and change of mining rights, the registration of transfer and change of mining rights shall not be handled. Where an application is made for changing the main minerals to be mined, a report on the reserves of mineral resources that has been evaluated and filed shall be submitted. Where an application for alteration or extension of the mining right of a mineral subject to total mining control is made, the competent department of natural resources at the provincial level shall submit written opinions on the allocation and use of the total mining control indicators. In principle, the mining right shall not be separated, and if it really needs to be separated, it shall conform to the relevant provisions of mineral resources planning. If the people's court auctions or adjudicates the mining right to others, the transferee shall apply to the registration administration organ for registration of change according to law. If a mine with mining right is closed and announced by the people's government at or above the county level due to ecological protection, safety in production, public interests and industrial policies within the validity period, the competent department of natural resources at the same level shall notify the original registration administration organ by letter. The mining right holder shall, within 30 days from the date of deciding to close the mine, apply to the original registration administration organ for the cancellation of the registration of the mining license.
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